Library VOD Program. Licensor shall provide Licensee (i) within 30 days of the Effective Date, a list of Library Films available for license hereunder on a Video-On- Demand basis with respect to Term Year 1 and (ii) by September 1 of each Term Year, a list of Library Films available for license hereunder on a Video-On-Demand basis with respect to the following Term Year, specifying the Library VOD Availability Date and the Library VOD License Period for each Library Film (each of the foregoing, a “Library VOD List”). Subject to Section 5.7 hereof, each Library VOD List shall include at least 50 Library Films per Term Year (to be pro rated for any Term Year that is greater or less than 12 months) that Licensor has cleared and made available for non-exclusive Video-On- Demand in the Territory (subject to clearance which may, for the avoidance of doubt, impose additional restrictions (e.g., with respect to platform)) as of the date of such Library VOD List. Licensee shall, subject to Section 9.1.3, have the right to select from such Library VOD List which Library Films it desires to license for Video-On-Demand exploitation hereunder, and each such Library Film selected by Licensee shall be a Library VOD Program. Licensee shall have 30 days from the date of each Library VOD List in which to deliver to Licensor a booking confirmation for the Library VOD Programs covered thereby; provided that in no event shall the failure of Licensee to provide such booking confirmation relieve Licensee of any obligation hereunder. Licensor shall deliver to Licensee, or grant access in the United States to Licensee to, the Materials for such Included Program no later than 15 Business Days prior to each Library VOD Program’s Availability Date (it being understood that there may be limited exceptions to the timing of such availability which is, despite Licensor’s commercially reasonable efforts, not possible for Licensor (e.g., Licensor is at such date in the process of revising an Included Program to correct a credit error), and Licensor will keep Licensee reasonably informed of the nature of the delay and expected availability date in such instance).
Appears in 4 contracts
Samples: License Agreement, License Agreement, License Agreement
Library VOD Program. Licensor shall provide Licensee (i) within 30 days of the Effective Date, a list of Library Films available for license hereunder on a Video-On- On-Demand basis with respect to Term Year 1 and (ii) by September 1 of each Term Year, a list of Library Films available for license hereunder on a Video-On-Demand basis with respect to the following Term Year, specifying the Library VOD Availability Date and the Library VOD License Period for each Library Film (each of the foregoing, a “Library VOD List”). Subject to Section 5.7 hereof, each Library VOD List shall include at least 50 Library Films per Term Year (to be pro rated for any Term Year that is greater or less than 12 months) that Licensor has cleared and made available for non-exclusive Video-On- On-Demand in the Territory (subject to clearance which may, for the avoidance of doubt, impose additional restrictions (e.g., with respect to platform)) as of the date of such Library VOD List. Licensee shall, subject to Section 9.1.3, have the right to select from such Library VOD List which Library Films it desires to license for Video-On-Demand exploitation hereunder, and each such Library Film selected by Licensee shall be a Library VOD Program. Licensee shall have 30 days from the date of each Library VOD List in which to deliver to Licensor a booking confirmation for the Library VOD Programs covered thereby; provided that in no event shall the failure of Licensee to provide such booking confirmation relieve Licensee of any obligation hereunder. Licensor shall deliver to Licensee, or grant access in the United States to Licensee to, the Materials for such Included Program no later than 15 Business Days prior to each Library VOD Program’s Availability Date (it being understood that there may be limited exceptions to the timing of such availability which is, despite Licensor’s commercially reasonable efforts, not possible for Licensor (e.g., Licensor is at such date in the process of revising an Included Program to correct a credit error), and Licensor will keep Licensee reasonably informed of the nature of the delay and expected availability date in such instance).
Appears in 1 contract
Samples: License Agreement